Malka Leifer jury reaches verdict on some charges

The jury in alleged pedophile principal Malka Leifer’s criminal trial say they have reached a unanimous verdict on some but not all of the 27 charges.

Court sketch of Malka Leifer appearing before County Court. Picture: Paul Tyquin

The jury in alleged pedophile principal Malka Leifer’s criminal trial says it has reached a unanimous verdict on some but not all of the 27 charges she is facing, and will reconvene on Wednesday morning.

Victorian County Court judge Mark Gamble addressed the jury late on Tuesday afternoon, after it asked if it was “an outcome” to be unanimous on some of the charges and “hung” on others.

In response, Judge Gamble asked the jury foreman to confirm if the jury had reached a verdict on “some of the charges but not others”.

The foreman responded “yes”, and agreed that further time might help the jury members reach a verdict on the other charges.

As a result, Judge Gamble said he would allow them further time to deliberate and adjourned the court until 10.30am ­Wednesday.

“(If you are) ultimately able to reach a unanimous verdict on all charges that is good,” the judge said. “We will take those verdicts from you.

“But if it ends up being the case, even after further efforts, you are unable to reach a ­unanimous verdict on all charges … you should raise that with me at that time.”

The three complainants in the case, who have given The Australian permission to identify them – Melbourne sisters Nic­ole Meyer, Elly Sapper and Dassi Erlich – attended the ­afternoon session of the hearing while the jury was present.

It was the second question the jury asked on its fourth day of deliberations in the high-profile case.

Earlier, the jury asked for advice on what to do if it could not reach a unanimous verdict on each of the charges Ms Leifer has been accused of.

Judge Gamble repeated the question in open court.

“At this point in deliberations the jury seems unlikely to reach a unanimous decision on all charges,” he said, reading aloud the jury’s note.

“Can you please offer direction on a deadlock? Is it possible we can use a majority vote on the charges?”

In response, Judge Gamble told the jury members to return to their ­deliberations.

“What I urge you to do is to return to the jury room and try to resolve your differences,” the judge said.

“Each of you has affirmed or sworn that you will give a true verdict according to the ­evidence.

“Experience has shown that often juries are able to agree in the end if they are given more time to consider.”

Judge Gamble urged the jury to weigh up the evidence again with a “calm” and “rational” ­discussion.

“This discussion may convince you that your original opinion was wrong,” he said.

Judge Gamble told the jury members they “must reach their own decision” and if “after calmly considering the evidence … you cannot agree then you should not change your mind to reach a unanimous verdict”.

“Listen to the views of others. Try your best to reach a unanimous verdict on the charges you have,” he said.

While he said he has the ability to dismiss the jury if it cannot reach a unanimous verdict, Judge Gamble said he would only do this if satisfied the jury would not reach a verdict.